Experimental Engineering, Inc. v. United Technologies Corporation

614 F.2d 1244 EXPERIMENTAL ENGINEERING, INC., a California Corporation, and Ellco Engineering, Inc., a California Corporation, Plaintiffs-Appellants, v. UNITED TECHNOLOGIES CORPORATION, a Delaware Corporation, Defendant-Appellee. No. 77-3624. United States Court of Appeals, Ninth Circuit. March 10, 1980. Robert L. Thatcher, Woolsey, Angelo & Thatcher, Newport Beach, Cal., for plaintiffs-appellants. M. Kevin Ryan, Jones, Day, Reavis & Pogue, Los Angeles, Cal., for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before TRASK and KENNEDY, Circuit Judges, and ZIRPOLI, * District Judge. TRASK, Circuit Judge: 1 This appeal is taken from a dismissal under Fed.R.Civ.P. 12(b)(6) of plaintiff-appellant's contract and related claims for failure to state a claim upon which relief may be granted, or in the alternative for summary judgment. In considering a motion to dismiss under Rule 12(b)(6), the district court must take as true all facts as alleged by the plaintiff. Hospital Building Co. v. Trustees of Rex Hospital, 425 U.S. 738, 740 , 96 S.Ct. 1848, 1850 , 48 L.Ed.2d 338 (1976); De La Cruz v. Tormey, 582 F.2d 45, 48 (9th Cir.…